Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/372

 356 titute, or uch as claim under any conveyance made by him ubequent to the fine o levied.

to a fine are all other perons in the world, except only parties and privies. And thee are alo bound by a fine, unles, within five years after proclamations made, they interpoe their claim; provided they are under no legal impediments, and have then a preent interet in the etate. The impediments, as hath before been aid, are coverture, infancy, imprionment, infanity, and abence beyond ea: and perons, who are thus incapacitated to proecute their rights, have five years allowed them to put in their claims after uch impediments are removed. Perons alo that have not a preent, but a future interet only, as thoe in remainder or reverion, have five years allowed them to claim in, from the time that uch right accrues. And if within that time they neglect to claim, or (by the tatute 4 Ann. c. 16.) if they do not bring an action to try the right, within one year after making uch claim, and proecute the ame with effect, all perons whatoever are barred of whatever right they may have, by force of the tatute of non-claim.

, in order to make a fine of any avail at all, it is neceary that the parties hould have ome interet or etate in the lands to be affected by it. Ele it were poible that two trangers, by a mere confederacy, might without any rique defraud the owners by levying fines of their lands; for if the attempt be dicovered, they can be no ufferers, but mut only remain in tatu quo: whereas if a tenant for life or years levies a fine, it is an abolute forfeiture of his etate to the remainder-man or reverioner, if claimed in proper time. It is not therefore to be uppoed that uch tenants will frequently run o great a hazard; but if they do, and the claim is not duly made within five years after their repective terms expire, the etate is for ever barred Rh